House debates Questions without Notice

Attorney-General

Wednesday, 12 October 2016 House of Representatives

Mr Tony Burke

Mr Tony Burke Watson, Australian Labor Party, Shadow Minister for Finance

3:04 pm

My question is to the Prime Minister. Has the Prime Minister sought advice from his department about the current conflict between the Attorney-General and the Solicitor-General, and does the Prime Minister have confidence in the Solicitor-General?

Malcolm Turnbull

Malcolm Turnbull Wentworth, Liberal Party, Prime Minister

I thank the honourable member for his question and I am glad that he has taken up the cudgels for the member for Isaacs on what appears to be a legal difference of opinion between the Solicitor-General and the Attorney-General. I have discussed it with my department and, indeed, my secretary. I have spoken to him about it, and the advice that we have is that the Attorney-General has consulted with the Solicitor-General in the manner that he has described in the submissions that he has made. The Attorney-General has my complete confidence, and I would refer—

Unidentified interjection - Hansard doesn't record who said this

Honourable Members:

Honourable members interjecting

Tony Smith

Tony Smith Speaker

Members on my left!

Malcolm Turnbull

Malcolm Turnbull Wentworth, Liberal Party, Prime Minister

The Attorney-General has my confidence.

Chris Bowen

Chris Bowen McMahon, Australian Labor Party, Shadow Treasurer

And the Solicitor-General?

Malcolm Turnbull

Malcolm Turnbull Wentworth, Liberal Party, Prime Minister

Absolutely. The Solicitor-General has my confidence too. Let us be quite clear about—

Tony Smith

Tony Smith Speaker

The Prime Minister will just pause for a second. The member for McMahon is warned. It was a very specific question. The Prime Minister is addressing both parts. The member for McMahon will not try and add to the question by way of interjection.

Malcolm Turnbull

Malcolm Turnbull Wentworth, Liberal Party, Prime Minister

Both the Attorney-General, the first law officer of the Crown, and the Solicitor-General, the second law officer, are distinguished barristers. I have had the benefit of legal advice from both of them at different times, and I have confidence in the legal capacity and ability of each of them. We are very fortunate to have the benefit of their advice.